BOI Visa & Work Permit
Every foreign employee in Thailand needs to obtain the correct Visa and Work Permit, including those employed by companies promoted by the BOI.
However, BOI companies are not subject to the same requirements as other company structures. For example, unlike Thai limited companies, there are no restrictions on hiring skilled foreign employees or experts.
Foreigners employed at a BOI-promoted company can obtain their BOI Visa and Work Permits from the One Stop Service Centre, as opposed to the Labour or Immigration offices respectively. The application and approval process is also far quicker and can be completed in a day.
As per the BOI rquirements, a BOI-promoted company shall be granted permission to hire foreign nationals who are: (1) skilled workers and, (2) experts.
Foreigners employed at a BOI-promoted company can obtain their BOI visa and work permits from the One Stop Service Centre. The application and collection process for the visa and work permit can be completed in one day.
Companies the BOI promotes are not subject to the same requirements as other company structures. BOI-promoted companies are not subject to the same mandatory capital and minimum Thai staff requirements.
Why work with VB Partners?
Applying for a visa and work permit in Thailand can feel like a complex process. At VB and Partners, our team of experts are ready to provide the guidance you require. Our comprehensive array of visa and work permit services will provide assistance during every stage of the process, from the initial visa eligibility assessments to the successful acquisition of your work permit, enabling you to start working in Thailand.
Navigating the intricacies of local immigration laws and regulations is important for individuals seeking to work in legally Thailand. Our customized solutions are designed to ensure strict compliance with all legal prerequisites. Our team of experts well-versed in Thai immigration procedures and policies, will help ensure a smooth and efficient process.
VB and Partners takes pride in its team of experts. Encompassing Visa and Work Permit Applications, Visa and Work Permit Consultations, and Permanent Residency, VB and Partners stands as your preeminent destination for fulfilling all your immigration requirements.
What does this package include
- Coordinate with the client to establish whether the employee satisfies the BOI requirements for foreign experts and skilled workers.
- Collecting, preparing, and filing all the required documents for the application.
- Obtaining position approval from the BOI by opening a new position for the new job matching the applicant’s qualifications on the online BOI platform.
- Assistance in obtaining a Non-Immigrant B (Non-B). Our visa expert will collect the required documents to prepare the visa application for you to submit to the Thai Embassy in your country.
- Uploading the applicant’s profile for the newly opened position on the BOI platform.
- Book an appointment at the One Stop Service Center (OSS – Chamchuri Square) to collect the BOI Visa and Work Permit.
- Accompanying the applicant to the One Stop Service Center to collect the Visa and Work Permit.
- Answering questions about the BOI visa and work permit service.
What you must know before applying
Book a Call with our expert
Up to an hour consultation on the process of setting up a company in Thailand.
We will provide you with information on key areas such as; company structure, taxes, accounting and other general aspects of opening a company in Thailand. We will also answer any other legal questions you may have to provide you with a clear overview.
If some extra research is necessary to answer your questions, our experts will check and revert to you with complementary elements by email.
This consultation is provided by legal experts in English or in French.
Frequently Asked Question
While every company in Thailand needs to obtain the correct Visa and Work Permit for their foreign employees, companies promoted by the BOI are not subject to the same requirements as other company structures. For example, BOI promoted companies are not restricted by the same mandatory capital and minimum Thai staff requirements.
Foreigners who are employed at a BOI promoted company can obtain their Visa and Work Permits from the One Stop Service Centre, as opposed to the Labour or Immigration offices respectively. The application and approval process is also far quicker and can be completed in a single day.
However, BOI companies must complete and have approved an online registration process which can be a confusing and time consuming process.
Before you can apply for a Non-Imm B Visa (for employment), the applicant’s prospective employer in Thailand is required to submit Form BT32 at the Office of Foreign Workers Administration, Department of Employment, Ministry of Labour in order to get the pre-approval letter for work permit. This letter will be used for supporting your visa application.
Once the applicant has been granted a Non-Immigrant B Visa, the holder can enter Thailand and will be allowed to stay for an initial period of not more than 90 days.
Once you have entered Thailand, the employer must arrange a Work Permit for you. Holding a Non-Immigrant B Visa is not enough to work legally, a Work Permit must be obtained.
During the initial 90 day entry period, you must apply for a Visa extension. Visa extensions are granted for 1 year and can be renewed for a further year.
Thailand’s Board of Investment is a special government agency that focuses on promoting foreign investment within Thailand. A BOI promotion removes many barriers to doing business in Thailand, such as the restrictions of the Foreign Business Act.
More detailed information relating to the Foreign Business Act can be found here.
Furthermore, the BOI also provides the following incentives for qualifying projects:
- 100% foreign ownership of a company.
- Reduced requirements for supporting work permits, i.e., no quotas for hiring foreigners.
- The ability to own land.
- Tax benefits such as income tax exemptions for a fixed period. Please note that tax incentives depend on specific promotions and is not available to all.
The following information is required from the applicant:
- A copy of the first page of the passport
- A copy of the current visa
- The latest re-entry permit (if any)
- The latest entry visa stamp
- A professional profile picture
- Education certificates
- Employment certificate from the previous employer(s) (applicants are required to have at least five years of work experience if no bachelor/master degree, otherwise, two years of work experience)
- A CV
- A current address
- A mobile number
The following information is required from the promoted company.
- Technology Transfer Plan – an explanation of the company’s plan calling for such aliens to train and coach Thai workers to upgrade their knowledge and skills, specifying training topics, methods, and durations.
- The company’s letter stating details and justifications – a statement of why the company requires an alien skilled worker, its current operations, and the justification for such reasons.
- A permission request form for bringing in skilled workers (F FR NI 01) – must be filled out. 4. Company Organization Chart – showing the division of labor within the company and indicating which divisions the requested positions will be attached to. Any such positions previously approved must also be specified in the chart.
- Form Kor Kor Tor 41 (F FR NI 02) – the following details will be provided: a. Position titles in English. b. Job description, which must cover their actual tasks. c. Job Requirements (select from items in the form as appropriate) d. Duration – the duration the company needs to have such positions
- Copy of Investment Promotion Certificate – must be a copy of the main investment certificate. Only copies of those relevant to that particular application are to be attached in case of multiple certificates.
- Copy of License to Commence Operations – A condition exists in the Investment Promotion Certificate whereby the company must inform BOI in writing when it is ready to commence operation for BOI to perform a pre-operation inspection. If the review finds the company to have complied with all the specified conditions, it will issue a permit to the company.
- Copy of Company Registration Certificate – not more than six months old on the application date.
- List of Shareholders – names of the shareholders and numbers of their shareholdings must be up to date.
- Financial statements – must be those most recently certified. If such documents have not yet been prepared, ones for the latest year available can be used instead. If the company is newly established and has not yet had any financial statements, this must be indicated in writing.
- All sets of documents (except those issued by BOI) must be affixed with the company seal and signed by an authorized director specified in the company registration certificate or by a person authorized by the [board of] directors through a power of attorney clearly describing the designated powers and duties and affixed with a stamp duty of 30 baht.
Holders of a Non-Immigrant O Visa based on marriage to a Thai National are already eligible to apply for a work permit so it is not necessary to change to a Business Visa.
Non-Immigrant O Visa based on retirement are not eligible to work in Thailand so they would need to change to a Non-Immigrant B.
The following process must be completed for an applicant to obtain a BOI visa and work permit.
Opening a new position on the online BOI platform
Firstly, the BOI-promoted company will open a new position for the job matching the applicant’s qualifications on the online BOI platform. It takes, on average, 7 days to get the position approved by the BOI.
Receiving an invitation letter from the BOI and applying for a Non-Immigrant B (Non-B)
After receiving approval for the new position, an invitation letter from BOI will be issued. This letter will be submitted to the Thai Embassy as part of the visa application.
Submission of your qualifications for approval by the BOI
Next, a new profile for the applicant will be created on the BOI ‘Single Window system’ platform for the newly opened position. During this stage, the applicant’s qualifications will be uploaded for approval by BOI.
During this stage, it is common to have 3 to 4 follow-up queries from the BOI requesting additional information or details. On average, the profile takes 2 to 3 weeks to be approved.
In practice, the applicant must have a minimum of a bachelor’s degree and two years of experience. The BOI will request an employment certificate from previous employers to prove the applicant has the required experience.
If the applicant doesn’t have a degree, they will need 5 years of work experience (and the employment certificates to prove it).
Please note the experience doesn’t need to be with the same company; the applicant can work for different companies. Furthermore, the experience must align and match the position the candidate is granted a work permit for.
If you hold a multiple entry Visa, you can enter and leave Thailand as many times as you like during the validity of your Visa.
If you possess a Non-Immigrant B single entry Visa or an extension of stay based on this Visa, you will need to obtain a re-entry permit before leaving Thailand.
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A Non-Immigrant B Visa itself does not allow you to work in Thailand, but it does allow you to apply and obtain a work permit. Please note, it is illegal to work in Thailand without a Work Permit.
In the event of an applicant leaving their job, your work permit will be cancelled by your employer after leaving the job within 15 days.
If you have an extension of stay based on Employment of Conducting Business, you will need to go to the Immigration Office and cancel the extension. Upon cancellation, you will be given a 7 day stamp in your passport and be required to leave Thailand.
No, it is not possible to start working until a full work permit has been granted, unless the employee is working for a business promoted by the BOI (Board of investment).
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